Sudanese President Omar al-Bashir safe in Nigeria

Sudanese President Omar al-Bashir, who arrived in Abuja last night for a health summit, should have no fear of arrest, it was learnt yesterday.

The International Criminal Court (ICC) has issued warrants for al-Bashir’s arrest. Nigeria has been urged to execute the warrant, but the Federal Government has said it will not – in line with a resolution of the African Union (AU).

The government’s stand is that since the AU has not rescinded its July 2009 Resolution in Libya, al-Bashir has immunity from arrest in Nigeria.

According to a top source in government, who spoke in confidence, although Nigeria has subscribed to Article 98 of the ICC, it will stick to the AU decision.

The source said: “It is true that Nigeria and more than 30 other African countries have subscribed to the Rome statutes and treaty obligation to arrest al-Bashir, but there is a subsisting appeal to the UN to reconsider the prosecution of the Sudanese leader.

“Up till now, the UN has not responded to the appeal of the AU on al-Bashir. So, the status quo remains.

“Based on the need to enforce status quo ante bellum, the AU in 2009 in Libya passed a resolution on its position on al-Bashir’s trial by the ICC. That resolution, which allows al-Bashir free access to any part of Africa, is still binding on all AU members. The resolution has not been vacated till today.

“This explains why some African countries have allowed Omar al-Bashir to visit their countries in the last few years.”

The source quoted the AU Resolution as follows: “[The AU] decides that in view of the fact that a request of the African Union [to defer al-Bashir’s indictment] has never been acted upon, the AU member states shall not co-operate pursuant to the provisions of Article 98 of the Rome Statute of the ICC relating to immunities for the arrest and surrender of Sudanese President Omar al-Bashir to the ICC.”

Responding to a question, the source said: “As a leader of a sovereign country, al-Bashir enjoys immunity; we cannot go out of our way to arrest him in Nigeria.”

But Human Rights Watch urged authorities in Abuja to arrest him for war crimes charges.

“Bashir left today for the Nigerian capital Abuja to participate in the African Union summit about HIV, TB and malaria to be held over two days,” the state SUNA news agency said.

Nigeria is a member of The Hague-based ICC, which in 2009 and 2010 issued two warrants against Bashir for war crimes, genocide and crimes against humanity allegedly committed in Sudan’s Darfur region.

The need to arrest al Bashir in Nigeria ignore political. Nigeria will always take opposite direction South Africa for the next few years as show of belligerent hegemony against Pretrial recent blunder foreign policy of anti-Africa. Bashir should be tried in Africa as ICC remains the weapon of states that are not signatory of the Rome Status

Moses

Jonathan can never arrest a fellow criminal like al-Bashir. Both of them are plagues of a kind.

ibeboy

arrest him fr wht, is the AU nt an indepent international organization like the icc, Africans shld stop betraying its self by allowing the west dictate fr us. hw many European war leaders has been prosecuted by the icc? or is bush and tony blair not worth prosecution fr war crimes in Iraq? pls spare us this western opression

Osondu

The AU decision not to cooperate with the ICC does not defeat ICC States Parties’ obligations to arrest or surrender President Omar Al-Bashir under Article 89 of the Rome Statute. Obligations cannot be created subsequent to an ICC request simply to avoid cooperation with the ICC. The ICC request for co-operation cannot be sidestepped by artificially creating a new international obligation which is inconsistent with that request. Thus, for States Parties to the Rome Statute, compliance with the AU decision constitutes a material breach of the Rome Statute, as it is only the Security Council that can defer the investigation or prosecution in accordance with Article 16 of the Rome Statute.

miye

Nigeria assuring Al Bashir of safety from arrest.Bashir must be the greatest fool to believe that.The govt that cannot protest her citizens from Boko Haram slaughterers.Bashir,better bring enogh your security men to avoid embarrassement from Obama special squad.Ask from Noriega of Panama.However let me say that Bashir is one of the wicked Africa leaders that have no bussiness governing a naion.He supervised the killing of millions of people.and should face justice.This is not a matter of the west dictating to us but a human right abuse matter.One day Bashir will pay for his wickedness.

Concern guy

@IYK JAMES ur very funny…lol

Sunday Asah

Africa know what is happening is not going to be the time of Goodluck jonathan to arrest sudan’s president. He has visited other country before.

Ekanem

Is he sure of his safety 4rm boko haram if he is secured from aso rock.

uche

Charles Taylor too was ‘save’

Gobenchi

Funny people,Nigeria is quick to admitt that she is a signatory to Article 98.of ICC,but will not aid the UN criminal court in arresting Al Bahir,but she wasted no time in ceding Bakasi to Cameroon under the ICJ ruling because according to the federal govt.Nigeria is under obligation to respect the ICJ ruling as a signatory to the ICJ convention.How very convenient.Nations of the world have been known to disobey the ICJ ruling on similar issues,but not Nigeria.It’s so very sad how convenient it is to abandon the very people whom we swore to defend and protect just to serve selfish interest.God save Nigeria from the hands of wicked leaders.

RAJ

She shouldnt be arrested. If the ICC wants him arrested they should go to his country and arrest him. Africa must stand to leave as brothers. Enough is a Enough.

Ebuka Amaechi

The refusual to act as requested by the ICJ, but allowd President al-Bashir to attend mtn in Naiga.Is diplo-matic blunder and indictment on the Present PDP led Federal Government Foreign policy trust, and affirmation of the fact that BIRDS of the same Feather flock together.After-all the on going political brigandry by the PDP sponsored political thuggry against an Elected Governor & entire River State,for the Govs. perceived political ambition for 2OI5.If the Present perpatuatators of the dastard acts,fail to stop now, it may degenerate to level of the crime President al- Bashir,his rag-tag army & his Islamic cohorts committed against the People of Rwanda.The initiators & Perpatutors of the Crisis in River State were aware of this stack fact and have decided to act against the request to arrest President al-Bashir as signatory to ICG charta on human right abuses to be tried for Genocide he committd against his Country Men/Women.This despicable action by the PDP led Fed.Govt. confirmed the specul-ation that the party has hindden motives behind its actions in River State.Therefore, did not want to surport an action its activities might likely attract the same punishment at the end of their Power in Naiga. Haven Taking cognisance that Ex-President OBJ. of the same PDP,led Federal Government acted or committed simmilar Genocidal act against the people of ODI in Bayelsa State, which many Human Right Activists in Naiga have called for his arrest & trial by the International Court. EVERY DAY NA FOR THE THIEF,ONE DAY MONKEY GO-GO CHURCH OR MOSQUE INO GO COME BACK.